ORDER - Defendants Unifund CCR Partners, Credit Card Receivables Fund, Inc., and ZB Limited Partners' Motion for Leave to Amend Answer to Complaint 59 is granted. The Amended Answer shall be filed on or before January 21, 2009. A planning conference to schedule this matter to trial shall be scheduled following the ruling on the pending motion for class certification 37. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

ORDER granting in part and denying in part 43 Motion to Extend. The defendants have until February 20, 2009, to respond to the plaintiffs' MOTION to Certify Class37. The plaintiffs have until March 13, 2009, to file a reply. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

ORDER granting 36 Motion to Compel. Mr. Jungers shall have to on or before December 30, 2008, to serve his Rule 26(a)(1) mandatory disclosures on the other parties, to file certification of the service pursuant to NECivR 26.1, and to show cause why sanctions should not be imposed. Ordered by Magistrate Judge Thomas D. Thalken. (TRL)

ORDER - Defendants Unifund CCR Partners, Credit Card Receivables Fund, Inc., and ZB Limited Partners' Motion for Leave to Amend Answer to Complaint 59 is granted. The Amended Answer shall be filed on or before January 21, 2009. A planning conference to schedule this matter to trial shall be scheduled following the ruling on the pending motion for class certification 37. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

ORDER - The plaintiffs are awarded reasonable costs and attorney's fees in bringing the November 14, 2008 motion to compel 36. Counsel for the parties shall confer on a reasonable amount to be awarded and, if there is agreement, shall file on or before February 19, 2009, a stipulation of the costs and fees to be awarded. In the event the parties fail to reach an agreement, the plaintiffs may file on or before February 20, 2009, an application for the award of the costs and fees accompanied by an affidavit of such costs and fees, pursuant to NECivR 54.3 and 54.4. Mr. Jungers shall have until on or before March 4, 2009, to respond to the plaintiffs' application. Thereafter, the issue of costs and sanctions will be deemed submitted and a written order entered. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )

ORDER - The plaintiffs' Application for Attorney fees 73 is granted. The plaintiffs are awarded reasonable costs and attorney's fees in the amount of $243.00 for bringing the November 14, 2008 motion to compel 36. The Clerk of Court shall, at the time of entry of judgment in this case, make this award a part of the judgment entered, unless before that time the parties certify that the award has been satisfied. Ordered by Magistrate Judge Thomas D. Thalken. (KBJ)

ORDER - The parties shall file a stipulation outlining support for granting the plaintiffs' Motion for Class Certification 37, or creating a settlement class, provisionally or otherwise, in accordance with Fed. R. Civ. P. 23(c)(1) on or before June 1, 2009. The parties' Stipulation for Order Setting Post-Class Proposed Settlement Scheduling Deadlines 83 is adopted as follows: The parties shall have until May 15, 2009, to finalize a fully executed settlement agreement. The parties shall have until June 1, 2009, to file a motion for preliminary approval of the settlement agreement. A hearing will be scheduled thereafter, if necessary. A preliminary hearing will be held on the parties' motion on June 25, 2009, at 8:30 a.m., before the Honorable Joseph F. Bataillon. Subsequent deadlines will be established if preliminary approval of the settlement agreement and class certification are granted. Ordered by Magistrate Judge Thomas D. Thalken. (JAE, )

ORDER granting certification of settlement class, preliminary approval of settlement, and notice to class. The above settlement are hereby certified and the proposed settlement as set forth in the settlement agreement (Exhibit "1") executed by the parties is preliminarily approved as fair, reasonable, and adequate, subject to a hearing for final approval pursuant to Fed.R.Civ.P. 23 (c), and (e). A hearing ("Final Approval Hearing") is hereby set for October 9, 2009, at 11:00 a.m. in Courtroom 3, Roman Hruska United States Courthouse, 111 S. 18th Plaza, Omaha, NE 68102. Ordered by Chief Judge Joseph F. Bataillon. (JAE, )